The recent Supreme Court ruling means that the ESA program will proceed, and the Department can make payouts while the broader lawsuit continues to be litigated in district court. While no one can predict future legal outcomes, lifting the injunction means the state is authorized to distribute these funds to families. The current litigation is focused on whether the state's funding mechanism itself is constitutional, and there is no indication that participating parents or schools would be held personally liable for repayment of properly disbursed funds if the law were to be overturned.
2025-26 Funding
Because the lifting of the injunction is not retroactive, full costs from the year cannot be reimbursed. However, the fourth quarter payment of $1,750 is eligible to be rolled over into the 2026-27 school year for those students previously approved in the ESA program and not enrolled in public school for the 2025-26 school year. To access these funds, families will verify eligibility through completion of the 2026-27 school year application. This application, as well as further timelines, are being finalized and will be communicated very soon.
2026-27 Funding
The program will officially move forward for the upcoming 2026–27 school year. To access these funds, families will verify eligibility through completion of the 2026-27 school year application. If your student was previously approved for 2025-26 and you did not explicitly unenroll them, your application information will prepopulate to verify or make any necessary changes. This application, as well as further timelines, are being finalized and will be communicated very soon.
You will find current Frequently Asked Question here.
Megan Degenfelder
State Superintendent of Public Instruction
The ESA program was established by the Wyoming Education Savings Account Act in 2024, which was amended by the Steamboat Legacy Scholarship Act in 2025. The program provides eligible students with $7,000 annually for various educational expenses, including private school tuition, curriculum, tutoring, extra-curricular activities, and other approved education-related costs.
For more information, email wde-esa@wyo.gov.
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